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(영문) 서울중앙지방법원 2018.12.18 2018가단5085644
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. According to the distribution schedule prepared as of February 26, 2015 in the Seoul Northern District Court D D distribution procedure case, a medical corporation, C, the debtor prepared that KRW 34,59,679, and KRW 103,79,037 as to the plaintiff (North Korean 11TT 2947) out of the amount of actual dividends of KRW 138,398,716.

B. On the report of the third debtor's deposit ground submitted by the defendant as to the above case, the attachment and collection order of the claim No. 2011, Seoul Northern District Court 22947, the creditor, the debtor's medical corporation C, the third debtor, the defendant, the date of service, and the third debtor's seizure and collection order of the claim No. 201, Nov. 4, 201, the amount of the claim No. 50,000,000, and the third debtor's claim No. 201396, the Seoul Northern District Court 2013, Nov. 8, 2013, the creditor E, the medical corporation, the debtor C, the third debtor, the defendant, and the delivery date of the claim No. 150,000,000.

Plaintiff’s seizure claim under this subsection was not stated.

C. The Plaintiff filed an application with the debtor medical corporation C and the third debtor for the order of seizure and collection of claims with the Seoul Northern District Court 2013TTTT 15282. The Plaintiff stated the claim amounting to KRW 150,000,000 (the amount included in KRW 50,000 of the existing claim amount under the above Paragraph (b) in light of the following arguments) and the seized claim as follows: “The debtor, as a policyholder or the insured, has paid insurance premiums for various insurance products periodically or unlawfully to the third debtor on a regular or irregular basis, due to disasters, such as maturity, accident, etc., and other requirements for the payment of insurance proceeds, such as insurance proceeds and dividends to be paid from the third party, early withdrawal, and refund amount at the time of cancellation, until it is appropriated for the above claim amount.”

[Ground of recognition] Facts without dispute, Gap evidence 1, 10 evidence, Eul evidence 1, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The plaintiff's assertion is the defendant.

The third obligor, except for the claims of seizure under this paragraph.

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